71. In this Communication, the illegal detention of the Complainants has already been established above. They received no compensation as reparation for such a detention. 72. In the light of the above, the Commission notes that the Complainants did not have the opportunity to seek redress for their detention and much less to appeal against the decision to sentence them. Furthermore, no reasons were assigned for the said judgment and neither were the Complainants compensated for their illegal detention. The Commission therefore concludes that the provisions of Article 7(1)(a) of the African Charter were violated as far as the rights listed above are concerned. 73. Article 7(1)(b) of the African Charter protects the right to be presumed innocent. The respect for this protected right is all the more significant where the death sentence comes into play.20 As recalled in the case Law Office of Ghazi Suleiman v. Sudan, the Commission believes that, the fact that an accused person is declared guilty even before finally determining such culpability is a violation of presumption of innocence.21 74. In the current case, both the Prosecutor at the military court and the President of the afore-mentioned Court agreed on this fact; that following the sentencing of the Complainants, the investigation continued in the case relating to the assassination attempt that cost the life of President Laurent Désiré Kabila. The proof is that, a search warrant issued after the Complainants were sentenced, contains clear instructions seeking proof to clarify the matter. In such circumstances, the sentencing of the Complainants seems to be a presumption of guilt. The Commission concludes from this that the provisions of Article 7(1)(b) of the African Charter have not been complied with. 75. The provisions of Article 7(1)(c) of the Charter protect the right of judicial assistance. The Commission stretches the scope of such a right in its Principles and Guidelines on the Right to a Fair Trial.22 In its decision Article 19 v. Eritrea, it lays particular emphasis on the right to have access to a counsel especially during investigations.23 The Commission notes that during the whole year of their preventive detention, the Complainants could not get in touch with their counsels. They were not allowed to do so Principles N(6)(e). Op. cit. paras 54-56. 22 Principles G(b). 23 Communication 275/03 (2007) AHRLR 73 (ACHPR 2007) para 103. 20 21 15